To revise the balcony inspection certification renewal schedule and clarify change of owner requirements.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-3.001Sanitation and Safety Requirements

PURPOSE AND EFFECT: To revise the balcony inspection certification renewal schedule and clarify change of owner requirements.

SUMMARY: The proposed rule will revise the balcony inspection certification renewal schedule, adopt the new balcony inspection form and clarify change of owner requirements.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 509.032, 509.2112 FS.

LAW IMPLEMENTED: 509.032, 509.211, 509.2112, 509.221 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Ross, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-3.001 Sanitation and Safety Requirements.

The following requirements and standards shall be met by all public lodging establishments.

(1) through (4) No change.

(5) Balcony Inspection.

(a) through (b) No change.

(c) Certification of inspection shall be submitted on DBPR HR-7020, CERTIFICATE OF BALCONY INSPECTION (                            http://www.flrules.org/Gateway/reference.asp?No=Ref-02202), incorporated herein by reference and effective                             2012, November 14. Copies of this form are available from the Division of Hotels and Restaurants Internet website www.MyFloridaLicense.com/dbpr/hr: by e-mail request submitted at www.myfloridalicense.com/contactus; by phone request to the department at [phone]; or upon written request to the Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.

(d) The Certificate of Balcony Inspection shall be valid for three years from the date the inspection was completed.  Public lodging establishments must file a new certificate with tThe division and the applicable local government agency or office shall receive the Certificate of Balcony Inspection from hotels and motels on or before January 1 of every third year and from other public lodging establishments on or before October 1 of every third year. The division must receive the new Certificate of Balcony Inspection on or before the date the previous certificate expires.

(e) No change.

(f) Upon change of ownership, the operator must: shall file a new Certificate of Balcony Inspection.

1. Have a new balcony inspection completed and file a new Certificate of Balcony Inspection; or

2. In lieu of completing a new balcony inspection, file a copy of the previous operator’s valid Certificate of Balcony Inspection along with a Certificate of Balcony Inspection containing the current operator’s information and signature. Choosing this option does not extend the original three years for which the previous operator’s Certificate of  Balcony Inspection was valid.

(6) No change.

Rulemaking Authority 509.032, 509.2112 FS. Law Implemented 509.032, 509.211, 509.2112, 509.221 FS. History–Amended 1-20-63, Revised 2-4-71, Amended 9-19-84, Formerly 7C-3.01, Amended 12-31-90, Formerly 7C-3.001, Amended 3-31-94, 9-25-96, 1-18-98, 8-12-08, 3-24-10, 8-10-11, 4-1-13, 11-20-14,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diann Worzalla, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 21, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 24, 2015